ELIZABETHTOWN, KY (WAVE) - A man shot by police outside a Hardin County grocery store has died. The shooting happened in the parking lot near the gas pumps of the Kroger on Towne Drive around 7:55 p.m. March 29.
"You don't see yellow tape up in little 'ol Elizabethtown," said witness Deavon Hale, who works across the street at Penn Station.
According to Trooper Jeff Gregory, public affairs officer for the Kentucky State Police Elizabethtown post, Officer Josh Burris was dispatched to disturbance in the parking lot of the store. When Burris arrived he confronted Byron Herbert, 29, of Muldraugh, Kentucky, who was assaulting a woman and brandishing a handgun.
"When the officer approached him and gave him a command he had a firearm that he brandished," said Trooper Gregory. "A shot was fired and the Elizabethtown Police officer also fired shots."
Gregory said Herbert fired at least one shot. It is not clear how many shots Officer Burris fired.
Gregory said the preliminary investigation, which was supported by eyewitnesses and video surveillance, showed Herbert fired his gun and Burris returned fire, striking him. Herbert was taken to Hardin Memorial Hospital where he died.
Elizabethtown police say Burris, 24, has been with the department since 2013 and has no disciplinary actions in his file.
Because of the involvement of an Elizabethtown police officer, Kentucky State Police is handling the investigation.